Home Buying in 20901>Question Details

Ben Jones, Home Buyer in 20815

Hi everyone! Closed on our new home mid-July. First sustained cold rain (we've had heavy but not over many days and all in warm weather) and

Asked by Ben Jones, 20815 Sun Oct 18, 2009

leaks now around two skylights. In one area the ceiling had clearly been painted over before. It's not an obvious place for a leak so the paint didn't raise concerns before. Addition with the painted over leak was put in before previous owners bought the house. Any recourse? I appreciate all of the advice I've received on here!

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Hi Ben,

Time to call a roofer. It sounds like the previous owner thought they had the problem taken care of and had finished up with painting it. Unless you think they purposely tried to defraud you or didn't provide proper disclosure this is just one of the joys of home ownership. Skylights are notorious for leaking especially if the caulk or sealant used on the seams is not the specialized kind that is used for outdoors. Doesn't sound like an expensive fix. Let me know if you need a roofer recommendation.
0 votes Thank Flag Link Sun Oct 18, 2009
HI Ben - With the exception of an optional 1 year home warranty plan that covers appliances, systems, etc, there is no warranty of the home once ownership is transferred (of course, this is with the standard contract language that we all use). So once the home transfers ownership, you're on the hook for any subsequent issues.

Typically, a buyer will only have recourse with the seller if the seller knowingly failed to disclose latent defects (defects that a buyer or inspector couldn't readily see -- like a leaky basement, etc). Even then, it would be your responsibility to prove that they knew (good luck). In this case, it sounds like the seller knew nothing about the leak. If they didn't know about it, they couldn't possibly disclose it.

Welcome to the joys of home ownership! I'm currently dealing with a water leak from an upstairs bathroom, so I know the feeling.
Web Reference: http://mocorealestate.com/
0 votes Thank Flag Link Sun Oct 18, 2009
What is the cost of repair?
With two generations of owners involved, u will have tremendous amount of legal costs involved.
U might be better of just get fixed and keep the receipts for next owner.
Ramesh Chandra
703 635 8209
0 votes Thank Flag Link Sun Oct 18, 2009
You'd need to consult with a real estate attorney. I know they will ask to see the disclaimer or disclosure completed by the sellers, so you might want to have that handy. I have a feeling, you will have to prove that they knew about this problem and failed to disclose it, if that is indeed the case. Good luck with everything!

Lisa Devnew
0 votes Thank Flag Link Sun Oct 18, 2009
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